BUDHAN MANJHI Vs. CENTRAL COALFIELDS LTD.

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner against the order dated 12th September, 2002 passed by 5th respondent, Personnel Manager, Hendgir Colliery, Hazaribagh, whereby and where under, application of petitioner for compassionate appointment has been rejected on the ground that it was preferred beyond limitation period.

(2.) COUNSEL for the petitioner relied on a decision of this Court rendered in the case of Rinku Kumari @ Riko Kumari v. C.C.L. and Ors. W.P. (S) No. 4266 of 2002; see . whereby and where under, a Bench of this Court by its Judgment dated 10th December, 2002, having noticed that the application was preferred within one year, held that the same could not have been rejected on the ground of delay. It was submitted that the petitioner having applied on 16th October, 2000 i.e. well within one year, the application cannot be rejected on the ground of delay.

(3.) NOW , it is a settled law that the period of limitation if prescribed by the competent authority, the High Court under writ jurisdiction cannot extend the same.